Terms & Conditions
Terms of service
Last Updated: February 14, 2025
NISE PET’ TERMS
OF USE
Ownership of Website; Arbitration;
Agreement to Terms of Use
This Terms of Use Agreement (“Agreement”) is made and entered into by and
between CC Brand Holdings LLC, a limited liability company organized under the
laws of the State of Delaware (“NISE PET”), and you (“you” or
“your”), the user of the NISE
PET website and its associated products and services, including its mobile
messaging services (collectively “Website”). This Agreement will be effective when you access or use the
Website, accept cookies from the Website, and/or when you select the box to
agree to our terms of use upon checkout, and your continued use of the Website
or selection of the “I Agree”
button constitutes your manifestation of assent to the terms of this Agreement.
If you do not wish to be bound by the terms of this Agreement, you must not
select the “I Agree” button or
use the Website.
You have a duty to read this Agreement.
This Agreement, to the extent legally allowable in your jurisdiction, requires
you and NISE PET to resolve most disputes solely through arbitration and on an
individual basis and not as a class action, class arbitration, or any other
representative proceeding. Additionally, this Agreement waives your right to a
trial by jury.
NOTICE OF ARBITRATION. THIS TERMS OF USE
AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT
APPLIES TO ALL CLAIMS EXCEPT FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
OR THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. EXCEPT AS OTHERWISE STATED
UNDER THE TERMS OF THIS AGREEMENT, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN
YOU ANDNISE PET WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND
YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A
CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL
ACTION OR ARBITRATION.
NISE PET’s
Ownership of Content and Trademarks
You understand and agree that the Website,
including, but not limited to, its source code, data, selection and
arrangement, executable code, structure, and organization, contains the
valuable trade secrets and intellectual property of NISE PET. Under the terms
of this Agreement, you do not acquire any ownership rights to the Website or
the data contained therein. You acquire only a limited license to use the
Website subject to the terms of this Agreement. All other rights are reserved
by NISE PET.
You acknowledge and agree that any and all
trademarks, trade names, design marks, or logos displayed on or through the
Website by NISE PET, including, but not limited to,NISE PET®, are common law or
registered trademarks owned by or licensed to NISE PET. You are expressly
prohibited from using the trademarks of NISE PET to cause confusion in, to
cause mistake in, or to deceive consumers, or from falsely designating the
origin of, the source of, or the sponsorship of your goods or services. You are
further prohibited from using the trademarks of NISE PET in domain names, in
keyword advertisements, to trigger keyword advertisements, or in meta tags. All
other trademarks, trade names, design marks, or logos are the property of their
respective owners.
Your Use of the Website
Conditional upon your adherence to the
terms of this Agreement, NISE PET grants you a limited, non-exclusive,
non-transferable, worldwide, and revocable license to use the Website in its
executable, and non-source code form and for its customary and intended
purposes. The customary and intended purposes of the Website are limited to its
use to review information published on the Website, to communication with NISE
PET, or to purchase products through the Website.
As a condition of the license granted to
you under the terms of this Agreement, and except where otherwise expressly
allowed under the terms of this Agreement, you are expressly prohibited from
the following:
- Attempting to access the Website other than through a standard
web browser unless You have been permitted to do so by NISE PET through a
separate, written agreement (this restriction does not apply to search
engines that comply with NISE PET’s robots.txt
file);
- Accessing or attempting to access the Website through automated
means (this restriction does not apply to search engines that comply with NISE
PET’s robots.txt file);
- Distributing, framing, emulating, cloning, publishing,
displaying, selling, assigning, sublicensing, renting, leasing, loaning,
modifying, publicly displaying, publicly performing, creating derivative
works of, translating, or adapting the Website;
- Training artificial intelligence, large language models, or
other generative technologies, including, without limitation, technologies
that are capable of performing search functions, without NISE PET’s specific and express written permission;
- Decompiling, reverse engineering, disassembling, or hacking the
Website;
- Scraping, caching, or utilizing the Website through a proxy;
- Sharing your User Account with others or providing unauthorized
access to your User Account;
- Circumventing the Website’s technology
protection measures;
- Infringing upon the intellectual property or other proprietary
rights of NISE PET;
- Posting or transmitting content intended to collect personal or
personally identifiable information from users of the Website or third
parties;
- Exporting the Website in violation of the export controls or
regulations of the laws of your country or any other country’s laws or regulations;
- Using the Website to violate any applicable law, statute,
regulation, ordinance, or treaty, whether local, state, national, or
international;
- Using the Website to violate the rights of third parties,
including, but not limited to, any personal or proprietary rights;
- Removing or altering any proprietary notices contained within
the Website, including, but not limited to, copyright and trademark
notices; or
- Encouraging or assisting any other party to do anything in
violation of the terms of this Agreement.
Your Representations and Warranties
When using the Website, you warrant and
agree that you have the right and legal capacity to enter into this Agreement
and to adhere to its terms and conditions. You warrant that you are a human
individual that is eighteen (18) years of age or older and that you are not a
bot, script, or other computer or machine. You warrant that you are not
prohibited from assenting to this Agreement by any preexisting Agreement. If
you are using the Website on behalf of a third party, including, but not
limited to, a business entity, you warrant that you are the authorized
representative of that third party and have the authority to bind that third
party to the terms of this Agreement.
User Accounts
NISE PET may provide you with the ability
to register a user account (“User Account”), which will provide with additional access to the Website,
including the ability to proceed through checkout faster, check the status of
orders, and view past orders.
User Accounts are provided by Shopify and
are subject to the Shopify Consumer Terms of Service (https://shop.app/terms-of-service).
You are encouraged to review the Shopify Consumer Terms of Service. You
recognize that you are solely responsible for maintaining the security and
confidentiality of your username and any password or sign-in codes and that you
are responsible for any unauthorized access to your User Account. In the event
your User Account is accessed without your authorization, you agree to notify NISE
PET immediately. You expressly agree and understand that you are prohibited
from allowing any third party to use your User Account. You are also prohibited
from using any other user’s User Account. You may be
held liable for losses incurred by NISE PET due to someone else using your User
Account or as a result of your failure to keep your User Account information
secure and confidential. NISE PET reserves the right to restrict access to,
suspend, disable, or delete Your User Account at any time, in its sole
discretion, and without warning.
Testimonials, Reviews, and Other
Submissions
NISE PET may provide you with the ability
to submit ideas to NISE PET through the Website. If you submit ideas to NISE
PET, you agree that any ideas that you submit to NISE PET will automatically
become the property of NISE PET and that you will not be compensated for the
submission, use, or implementation of the idea that you submitted to NISE PET.
You understand and agree that NISE PET may use or redistribute any ideas that
you submit to NISE PET for any purpose and in any way and that NISE PET has no
obligation to keep any ideas submitted to NISE PET confidential.
NISE PET may also provide you with the
ability to submit user generated content to the Website, including, but not
limited to, reviews and testimonials (collectively, “User
Generated Content”). By submitting User Generated
Content to the Website, you grant NISE PET a limited, non-exclusive,
irrevocable, royalty free, and perpetual license to use your User Generated
Content for display on NISE PET’s social media channels
and website. This may include, but is not limited to, displaying your User
Generated Content to third parties through social media links, emailed content,
or on the NISE PET Website, providing your User Generated Content to third
parties, and archiving or making backup copies of your User Generated Content.
By providing NISE PET with your consent to use your User Generated Content, you
waive all moral rights or rights of publicity or privacy with respect to the
User Generated Content.
You warrant that your User Generated
Content will not (i) violate any law, statute, regulation, or ordinance,
whether local, state, provincial, national, or international, (ii) violate any
term or condition of this Agreement, or (iii) violate the rights of third
parties, including intellectual property rights and any other personal or
proprietary rights. You agree to indemnify, defend, and hold harmless NISE PET,
its officers, shareholders, directors, employees, subsidiaries, affiliates, and
representatives from any and all losses, including, but not limited to, costs
and attorneys’ fees, arising out of or related to your
User Generated Content.
NISE PET may use User Generated Content, in
whole or in part, together with the name and state/country of the person
submitting it. User Generated Content in the form of testimonials and/or
product reviews may be used for any form of advertising relating to NISE PET’s products or services, in printed and online media, as NISE PET
determines in its absolute discretion. Testimonials and product reviews
represent the unique experience of the customers submitting such User Generated
Content and do not necessarily reflect the experience that you may have using
our products or services.
Additionally, NISE PET reserves the right
to correct grammatical and typing errors, to shorten User Generated Content
prior to publication or use, and to review all User Generated Content prior to
publication or use. NISE PET shall be under no obligation to use any, or any
part of, any User Generated Content submitted. If you submit User Generated
Content, you are confirming that you have read, understood and agree to these
Terms. If you disagree with any part of these Terms, do not submit User
Generated Content.
Privacy and Data Processing
In your use of the Website, NISE PET may
collect personal or personally identifiable information from you. you warrant
and agree that, for any personal or personally identifiable information that
you transmit to NISE PET, you have adequate rights to transmit that personal or
personally identifiable information to NISE PET and that doing so does not
violate any law, statute, regulation, ordinance, or treaty, whether local,
state, national, provincial. NISE PET has adopted its Privacy Notice to ensure
that you understand the type of information that it collects, when it collects
it, how it uses it, and your right of access to it. You are directed to review NISE
PET’s Privacy Notice at the following link: https://nisepet.com/index.php?route=information/information&language=en-gb&information_id=3.
Ordering; Payment; Taxes
Payment for all orders placed through the
Website must be made at the time of ordering. You understand and agree that the
prices quoted on the Website are an invitation to deal and that no contract
will be formed between you and NISE PET until NISE PET accepts your invitation
to deal by performance, specifically, by shipping the ordered goods. Pricing
errors will not constitute a contract between you and NISE PET, and NISE PET
strives to quickly correct any pricing errors on the Website when discovered.
You agree that you will pay all applicable taxes or charges imposed by any
governmental entity anywhere in the world in connection with your use of the
Website or purchase of goods through the Website. All costs and fees are quoted
and payable in United States Dollars and you acknowledge and agree that NISE
PET is not responsible for any foreign transaction fees or other fees charged
to you by your financial institution or by NISE PET’s
payment processor. You agree that you will not initiate any chargebacks to NISE
PET unless otherwise authorized by NISE PET in writing. You understand and
agree that you will be responsible and required to pay for any costs associated
with any chargebacks that you have initiated against NISE PET. NISE PET will
report as income all payments received from You to NISE PET to all proper
taxing authorities.
NISE PET accepts credit cards through
common gateways, such as ShopPay, PayPal, Amazon Pay, Google Pay, and Venmo.
All payment providers are subject to their own terms and conditions, and you
are directed to review a payment provider’s terms prior
to making payment to NISE PET.
Shipping and Returns Policy
All orders are subject to review,
verification, and approval by NISE PET. NISE PET reserves the right to refuse
or cancel any order with or without notice in its sole and absolute discretion.
All returns and refunds shall be administered consistent with NISE PET’s Policies,
which are expressly incorporated into these Terms. NISE PET’s Policies may be amended, replaced, or discontinued by NISE PET
from time to time in its sole and absolute discretion.
Mobile Messaging Service Terms and
Conditions
In addition, you agree to our Mobile
Terms of Service and Mobile
Privacy Policy
Third Party Websites
You acknowledge and agree that the Website
may contain links to third party websites or content that NISE PET does not own
or control. You are advised to review the terms and conditions of any
third-party websites or content linked to through the Website, and you agree
that NISE PET will not be responsible for websites not under the ownership or
control of NISE PET.
Term and Termination
The term of this Agreement will begin upon
your first accessing of the Website and will continue until the earlier of the
following: (i) NISE PET terminates your access to the Website; or (ii) you
cease using the Website and terminate your User Account. NISE PET reserves the
right to terminate the Website or your access to the Website in its sole and
absolute discretion and without prior notice.
Consumer Rights Information; California
Civil Code Section 1789.3
If this Website charges for services,
products, content, or information, pricing information will be posted as part
of the ordering process for this Website. We maintain specific contact
information including an e-mail address for notifications of complaints and for
inquiries regarding pricing policies in accordance with California Civil Code
Section 1789.3. All correspondence should be addressed to our agent for notice
at the following address:
Notification of Consumer Rights Complaint
or Pricing Inquiry:
Langrun Mansion Building A,
Yimeng N Rd, Lanshan District,
Linyi, Linyi, Shandong, China, 276012
support@nisepet.com
You may contact us with complaints and
inquiries regarding pricing and we will investigate those matters and respond
to the inquiries.
The Complaint Assistance Unit of the
Division of Consumer Services of the Department of Consumer Affairs may be
contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814.
Disclaimer of Warranties and Limitation
of Liability
YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCTS
PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR
PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU
ACKNOWLEDGE THATNISE PET WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY
CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR
USE OR MISUSE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE, INCLUDING, BUT NOT
LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES,
INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS, AND ATTORNEYS'
FEES. YOU ACKNOWLEDGE THAT YOUR USE OF PRODUCTS PURCHASED THROUGH THE WEBSITE
IS AT YOUR SOLE RISK AND THATNISE PET’S LIABILITY
IS LIMITED TO THE AMOUNT THAT YOU PAID FOR THE PRODUCT IN QUESTION OR $1000,
WHICHEVER IS LESS. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED
WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK
LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.
NISE PET WILL NOT BE LIABLE TO YOU
UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT,
OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR
LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF
PRODUCTS PURCHASED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PERSONAL
INJURY, DAMAGE TO PROPERTY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES,
INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY
DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE
WEBSITE IS PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR
PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU
ACKNOWLEDGE THATNISE PET WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY
CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR
USE OF OR ACCESS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY
DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE
DAMAGES, EXEMPLARY DAMAGES, COSTS, AND ATTORNEYS' FEES, DAMAGES ARISING OUT OF
ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE
WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE
RISK AND THATNISE PET’S LIABILITY IS LIMITED TO
THE AMOUNT THAT YOU PAID TO USE THE WEBSITE OR $1000, WHICHEVER IS LESS.
Indemnification
You agree to indemnify, defend, and hold
harmless NISE PET, its officers, shareholders, directors, employees,
subsidiaries, affiliates, and representatives, from any and all losses,
including, but not limited to, costs and attorneys' fees, arising out of or
related to (i) your use or misuse of the Website, (ii) your use or misuse of
products purchased from the Website; (iii) any claims, demands, injuries,
judgments, charges, or fees arising out of your User Generated Content; (iv)
your violation of any term or condition of this Agreement; (v) your violation
of the rights of third parties, including, but not limited to, intellectual
property rights or other personal or proprietary rights; and (vi) your
violation of any law, statute, ordinance, regulation, or treaty, whether local,
state, provincial, national or international. Your obligation to defend NISE
PET will not provide you with the ability to control NISE PET’s defense, and NISE PET reserves the right to control its defense,
including its choice of counsel and whether to litigate or settle a claim
subject to indemnification.
Arbitration and Choice of Laws
You agree that any dispute, claim, or
controversy arising out of or in relation to this Agreement, or the
applicability, breach, termination, validity, enforcement, or interpretation
thereof, will first be submitted to mediation and, if mediation is not successful,
be settled by binding individual arbitration. If there is a dispute about
whether this arbitration clause can be enforced or applies to the dispute
between you and NISE PET, the parties agree that the arbitrator will decide that issue.
Notwithstanding the foregoing, You and NISE PET each agree that any claim
related to actual or threatened infringement, misappropriation, or violation of
a party’s copyrights, trademarks, trade secrets,
patents, or other intellectual property rights will not be subject to this
arbitration clause or arbitration. However, all claims related to actual or
threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or intellectual
property rights will be interpreted under Texas law and will be heard exclusively
in the state and federal courts located in or with jurisdiction over Dallas,
Texas
Before initiating mediation or arbitration
under this Agreement, you must first send a written notice detailing the nature
and basis of its claim to NISE PET at its registered address:
Langrun Mansion Building A,
Yimeng N Rd, Lanshan District,
Linyi, Linyi, Shandong, China, 276012
support@nisepet.com
You must then wait a period of 30 days from
the date of receipt of the notice to allow for the possibility of resolution.
If no resolution is reached within thirty (30) days, any unresolved dispute or
controversy arising from or relating to this Agreement shall be mediated by
both parties prior to any party pursuing any other legal or equitable remedy in
any other forum whatsoever (the “Mediation”). All such Mediations shall be conducted through the platform
provided by New Era ADR, Inc. (https://app.neweraadr.com/) (the “New Era Platform”) in accordance with its
rules and procedures by a professional neutral(s) with substantial experience
in mediating and resolving commercial disputes (the “Neutral”). The Neutral shall be chosen in accordance with the rules and
procedures of the New Era Platform. If and only if any such unresolved dispute
or controversy arising from or relating to this Agreement is not finally
settled through Mediation, such unresolved dispute or controversy shall be
finally resolved by binding arbitration through the New Era Platform in
accordance with its rules and procedures for Virtual Expedited Arbitrations.
The Neutral shall be chosen in accordance with the rules and procedures of the
New Era Platform. The parties will bear costs as provided for under this
Agreement or, if silent, in accordance with the rules and procedures of the New
Era Platform. Judgment on any award rendered by the arbitrator may be entered
in any court having jurisdiction and shall be
enforceable consistent with the Convention on the Recognition and Enforcement
of Foreign Arbitral Awards, commonly referred to as the 1958 New York Convention. The arbitrator will be provided with the right to award costs and
attorneys’ fees to the prevailing Party. The arbitrator
will apply the laws of the State of Texas and the federal laws of the United
States in deciding any controversy or claim pursuant to this arbitration
clause.
ANY DISPUTE RESOLUTION PROCEEDING
ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN ARBITRATION OR
OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS,
CONSOLIDATED, OR REPRESENTATIVE ACTION, AND YOU AND NISE PET EXPRESSLY AGREE
THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN
NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS. YOU AND NISE PET HEREBY
WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL
IN FRONT OF A JURY OR A JUDGE. YOU AND NISE PET ARE INSTEAD ELECTING TO HAVE
ALL CLAIMS AND DISPUTES RESOLVED BY ARBITRATION UNDER THIS AGREEMENT, EXCEPT AS
SPECIFIED OTHERWISE IN THIS AGREEMENT.
Force Majeure
NISE PET will not be responsible for any
delay or failure in performance of the Website arising out of any cause beyond NISE
PET’s control, such as acts of God, war, riots, fire,
pandemic, terrorist attacks, power outages, severe weather, or other accidents.
Survivability
The representations, warranties, duties,
and covenants made by you under this Agreement will survive the termination of
this Agreement, your User Account, or the Website, including, but not limited
to, your duty to indemnify and defend NISE PET.
Interpretation
This Agreement will be deemed to have been
drafted by both parties, and the terms and conditions of this Agreement will
not be interpreted against its drafter.
Assignment
You are expressly prohibited from assigning
your rights and duties under this Agreement. NISE PET reserves the right to
assign its rights and duties under this Agreement, including in a sale of NISE
PET, its assets, or the Website.
Waiver and Integration
No term or condition of this Agreement or
breach of this Agreement will be deemed to have been waived or consented to
unless said waiver is writing and signed by the party to be charged. This
Agreement is the entire agreement between the parties and supersedes all
previous agreements or representations between the parties.